California Code Of Civil Procedure Section 36

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(a) A party to a civil action who is over the age of 70 years
may petition the court for a preference, which the court shall grant
if the court makes all of the following findings:
   (1) The party has a substantial interest in the action as a whole.

   (2) The health of the party is such that a preference is necessary
to prevent prejudicing the party's interest in the litigation.
   (b) A civil action to recover damages for wrongful death or
personal injury shall be entitled to preference upon the motion of
any party to the action who is under the age of 14 years unless the
court finds that the party does not have a substantial interest in
the case as a whole.  A civil action subject to subdivision (a) shall
be given preference over a case subject to this subdivision.
   (c) Unless the court otherwise orders, notice of a motion for
preference shall be served with the memorandum to set or the at-issue
memorandum by the party serving the memorandum, or 10 days after
such service by any other party; or thereafter during the pendency of
the action upon the application of a party who reaches the age of 70
years.
   (d) In its discretion, the court may also grant a motion for
preference served with the memorandum to set or the at-issue
memorandum and accompanied by clear and convincing medical
documentation which concludes that one of the parties suffers from an
illness or condition raising substantial medical doubt of survival
of that party beyond six months, and which satisfies the court that
the interests of justice will be served by granting the preference.
   (e) Notwithstanding any other provision of law, the court may in
its discretion grant a motion for preference served with the
memorandum to set or the at-issue memorandum and accompanied by a
showing of cause which satisfies the court that the interests of
justice will be served by granting this preference.
   (f) Upon the granting of such a motion for preference, the clerk
shall set the matter for trial not more than 120 days from that date
and there shall be no continuance beyond 120 days from the granting
of the motion for preference except for physical disability of a
party or a party's attorney, or upon a showing of good cause stated
in the record.  Such a continuance shall be for no more than 15 days
and no more than one continuance for physical disability may be
granted to any party.
   (g) Upon the granting of a motion for preference pursuant to
subdivision (b), a party in an action based upon a health provider's
alleged professional negligence, as defined in Section 364, shall
receive a trial date not sooner than six months and not later than
nine months from the date that the motion is granted.

Last modified: July 31, 2008